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Home My WebLink AboutLID No. 350 - Assessment Payment Agreement`4 P� a LO LID Assessment Payment Agreement LID No. 350 r This Payment Agreement is entered into on this !� day of August, 2013 between Mr Carlos Larios ( "Property Owner ") and the City of Auburn ( "City "). Recitals 1 Mr Carlos Larios is owner of property located at Unit B, 3417 M Place SE, Auburn, Washington, ( "Property "), within the boundaries of LID 350 2. The City of Auburn enacted Ordinance No 6111 that created a Local Improvement District, No 350 The City constructed road and sidewalk improvements within the boundary of the district. 3 In 2009, the City enacted Ordinance No 6223, which adopted the assessment amounts and terms of payment for the benefited properties of the district. 4 The City billed Mr Larios for annual installments to pay the owed assessment, but Mr Larios has failed to pay installments for years 2010, 2011, and 2013 According to payment terms adopted by Ordinance 6223, Mr Larios was charged interest and penalties on the past due installments 5 Including interest and penalties, the assessment amount Mr Larios currently owes is $23508 The total outstanding assessment is $546.23 City has expended $213 62 in collection costs. These amounts are documented in Exhibit A. 6 Pursuant to RCW 35 50, on June 21, 2013 the City filed an action in superior court to foreclose the statutory lien created by RCW 35 50 010 for the unpaid local improvement district assessment. Agreement 1 Property Owner agrees that the delinquent amount owed as of the date of this Agreement ('outstanding amount') is $448 70 and consists of past due installments, interest, penalties, and collection costs 2. Property Owner agrees that he received on May 4, 2013 notice of the outstanding amount and the possibility of foreclosure if he failed to pay the delinquent installments, interest, and penalties 3 Property Owner agrees to pay to the City ninety dollars ($90) each even - numbered month until the outstanding amount is reduced to zero The first payment shall be due on August 15, 2013, and remaining payments due on the fifteenth day of each alternate month until the outstanding amount is paid in full 4 The failure of the Property Owner to pay any scheduled payment within 14 days of it being due shall be a breach of this agreement and the total remaining outstanding amount shall become immediately due Upon breach, the Property Owner authorizes the confession and Lanus Payment Agreement 725 2013 Page I of 5 entry of judgment, without further process against them, in favor of the City for the outstanding amount, $442.39, and any additional legal costs of entering the judgment. The Property Owner further consents to and authorizes, upon breach, the foreclosure of their property as provided in the city's complaint, or alternatively, immediate execution upon such confessed judgment. The Property Owner verifies under oath that the above confession of judgment is authorized by him and that the facts set out above are true to the best of his knowledge and belief Payment shall be complete when the city receives the check at its office 5 Property Owner agrees that at the time he is working forty -hours per week or more, he shall pay seventy -five dollars every month until the remaining outstanding amount is reduced to zero. The new payment amount and schedule shall begin in the same month the Property Owner first worked 40 hours a week if it is an odd - numbered month. The new amount and payment schedule shall begin in the following month if the Property Owner first works 40 hours in an even - numbered month The payment due date shall remain the 151h of each month. 6 Property Owner agrees to provide his most recent pay stub, showing the hours he has worked, with each payment to the city 7 The Parties agree that this agreement contains the entire terms between the parties hereto, and that the terms are contractual and not a mere recital and that it is intended to be binding on all Parties and their heirs, executors, administrators, successors, and assigns. 8. The Parties agree that each of them was either represented by counsel, or had the opportunity to independently consult with counsel of their choosing. Accordingly, this agreement shall not be construed against either Party as the drafter The Property Owner acknowledges that each paragraph of this agreement was explained to him by the City's counsel and that his capacity to understand English did not limit him from comprehending the terms of this agreement 9 No failure or delay of either party in exercising any right, power or privilege herein shall operate as a waiver of such party's right to require strict compliance with any term of this agreement. CITY OF AUBURN OWNER Shelley Cole n, Finance Director Date Z /-, 2013 Appro d to form. Douglas P Ruth, Assistant City Attorney I a1n s PaS ment Agreement 7/231'2013 Page 2 of 5 Carlos Larios STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certifv that I know or have satisfactor} evidence that CLJ —t'S L IA79-1 C'S is the person who appeared before mc, and said person acknowledged that (he /she) signed this instrument and acknowledged it to be (his /her) free and VOILIntal)' act for the uses and purposes mentioned in the instrument. Dated: P/1 Or-" 3 ^Svocko fit/ A R 01 W zx -Z Z �0 \� o i Puev 1�s rrrIn%...r�...o� yZ` 't4,.TFOF`rIP.. ` (Use this seal) STATE OF WASHINGTON ) ss. COUNTY OF KING ) ✓( /JAI � � � Notary Public p� Print Name M11 . C el t , �j {� ^ K t,L M} commission exp`i es e"( ,-1 !s On this day personally appeared before me `h e\ c C �_cr� ce.� to me known to be the Sc .c-,CRr Cz O, c e c-ti of THE CM OF AUBURN, the z� that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and Voluntary act and deed of THE CITY OF AUBURN. for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute the said instrument. Dated:` GPMIPIBtF <(ot'''4 g0j PR Y �iP _ 0 ' to i(P �tiV Pules :Fz - O �` a (Use this ' iltaq4ai' axial stamp /s Lanus Payment Agreement 723/_013 Page 1 OF eal) Notary Public Print Name fE�, .c, My commission expires / c� °t / � LLo LID No. 350 Assessment Installment Payment Property Owner- Carlos Larios Address 3417 M Place SE. Unit B, Auburn Outstanding Amount: $442.39 (incl. legal costs) This installment (per 6 -month payment plan): $90 Due Date. 15`h day of the month City Address Attn Consuelo Rogel 25 West Main St. Auburn, WA 98001 LID No. 350 Assessment Installment Payment Property Owner Carlos Larios Address 3417 M Place SL, Unit B, AUhurn Outstanding Amount: $442.39 (me] legal costs) This installment (per 6 -month payment plan) $90 Due Date: 15th day of the month LID No. 350 Assessment Installmen City Address Atm. Consuelo Rogel 25 West Main St. Auburn, WA 98001 Property Owner Carlos Larios Address. 3417 M Place SE, Unit B, Auburn Outstanding Amount: $442.39 (incl. legal costs). This installment (per 6 -month payment plan) $90 Due Date: 15`h day of the month City Address. Attn. Consuelo Rogel 25 West Main St. Auburn, VIA 98001 Larios Payment Agreement 723;'013 Page S of 5 I LID No. 350 Assessment Installment Payment Property Owner- Carlos Larios Address. 3417 M Place SE, Unit B, Auburn Outstanding Amount: $442.39 (incl. legal costs). This installment (per 6 -month payment plan) $90 Due Date: 15'h day of the month City Address Attn, Consuelo Rogel 25 West Main St. Auburn, WA 98001 LID No. 350 Assessment Installment Payment Property Owner Carlos Larios Address 3417 M Place SE, Unit B, Auburn Outstanding Amount: $442.39 (incl. legal costs). This installment (per 6 -month payment plan) $90 Due Date: 15`h day of the month City Address Ann Consuelo Rogel 25 West Main St. Auburn, WA 98001 LID No. 350 Assessment Installment Payment Property Owner Carlos Larios Address 3417 M Place SE. Unit B, Auburn Outstanding Amount: $442.39 (incl. legal costs). This installment (per 6 -month payment plan) $90 Due Date: 15th day of the month Lanos Payment Agreement 7/23/2013 Page 4 of 5 City Address Ann. Consuelo Rogel 25 Rest Main St. Auburn, WA 98001 Megan Stockdale From: Evelyn McOsker Sent: Thursday, August 01, 2013 2 28 PM To: Steven Gross; Megan Stockdale Cc: Consuelo Rogel, Shawn Campbell Subject: LID Assessment Payment Agreement Hi Steve. Shelley has signed and it has been notarized also Could we get 2 copies of the fully executed agreement. Also, Shawn in the Clerk's office said she needs 1 copy Thank you. Evelyn McOsker Finance Secretary City of Auburn 253.288 3136 clry or- CITY �� AUBURN